STIRLING COUNCIL
MINUTES of MEETING of the PLANNING & REGULATION PANEL held in the COUNCIL
CHAMBERS, MUNICIPAL BUILDINGS, STIRLING on TUESDAY 3 MAY 2016 at 10.30 am
Present
Councillor Margaret BRISLEY (in the Chair)
Councillor Neil BENNY
Councillor Scott FARMER
Councillor Danny GIBSON
Councillor Graham LAMBIE
Councillor Ian MUIRHEAD
Councillor Mike ROBBINS
Councillor Christine SIMPSON
Councillor Jim THOMSON
In Attendance
Stephanie Cameron, Licensing Team Leader, Corporate Operations
Jay Dawson, Principal Planning Officer, Corporate Operations
Iain Jeffrey, Senior Planning Officer, Corporate Operations
Alan Ogilvie, Parking Team Leader, Housing & Environment
Iain Strachan Chief Governance Officer, Corporate Operations (Clerk)
Mary Love, Support Officer, Corporate Operations
Also Present
Constable Ian McCain, Police Scotland (Item PL436)
Agenda
The Chair intimated her intention to alter the order of the Agenda. The items were taken in
the order minuted below.
PL429 APOLOGIES AND SUBSTITUTIONS
There were no apologies or substitutions.
PL430 DECLARATIONS OF INTEREST
There were no declarations of interest.
PL431 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR
There were no items of urgent business.
PL432 MINUTES –
PLANNING & REGULATION PANEL – 29 MARCH 2016
SPECIAL PLANNING & REGULATION PANEL – 11 APRIL 2016
Decision
The Minutes of Meetings of the Planning & Regulation Panel held on 29 March 2016 and 11 April 2016 were approved as an accurate record of proceedings.
PL433 SINGLE DWELLING IN PRINCIPLE AT LAND ADJACENT TO WEST OF STATION PORT OF MENTEITH - MR GORDON ADDISON - 15/00775/PPP –
HEARING
A report by the Director of Corporate Operations advised of an application for a single dwelling in principle at land adjacent to West of Station House, Port of Menteith.
The application was referred to the Planning and Regulation Panel by Councillor Ian Muirhead with a request for a Hearing to allow consideration and interpretation of the application in relation to relevant planning policies including development in brownfield sites.
The application was presented at the Planning & Regulation Panel meeting on 29 March 2016 and was deferred to a future Panel meeting for a Hearing.
The Officer recommendation was for the Panel to refuse the application for the reasons set out in the report.
The Senior Planning Officer introduced the report, which provided details of (a) the site; (b) the proposal; (c) previous history and (d) development policy.
The Senior Planning Officer highlighted that there was no visual degradation of the site and that a small area of ash was present on the site, however, a contaminated land investigation had not been carried out, therefore it was not known at this stage whether the whole site was covered in contamination.
The Senior Planning Officer responded to a number of questions from Members in relation to the site.
Agent for Applicant
Mr Paul Houghton presented the case in support of the application. Mr Houghton outlined the proposed site and provided historical information relating to the former site. Mr Houghton informed the Members that the Applicant had owned the site for many years but did not live near it. He had no income potential to prevent the site from becoming overgrown and unsightly. Mr Houghton confirmed that the Applicant had not carried out a full investigation of the site but had scraped away some of the undergrowth and topsoil as part of trying to tidy the site. This had revealed what appeared to be ash and occasional railway related detritus however, due to lack of funds and time, a proper investigation had not been carried out and that only through
development could a proper site investigation and remediation strategy be funded.
Mr Houghton then responded to questions from Members.
Representation
One representation had been received from Morag Sheppard that neither objected nor supported the application. Mrs Sheppard had sent an email to the Senior Planning Officer confirming the she and her husband had been unable to locate any plans for their drainage at the Station House and that the only information they had was that the soak away was on the Applicant’s land. Mrs Sheppard advised that she and her husband did not have any objection to moving the tree, as requested by the Applicant.
The Panel then proceeded to consider the application.
Councillor Margaret Brisley having moved that the application be refused but having failed to find a seconder, requested that her dissent be recorded.
Decision
The Panel agreed to approve the application on the grounds it was a brownfield site with the probability of contamination being present, and subject to standard conditions being added relating to the issues regarding the septic tank, core path, access track, design and materials. The conditions to be reported on the Planning Schedule.
(Reference: Report by Director of Corporate Operations dated 20 April 2016).
PL434 ERECTION OF 2NO. RESIDENTIAL UNITS AT LAND NORTH OF 2 AND 4, GATE, STIRLING - STIRLING BUILDING COMPANY - 15/00816/FUL –
HEARING
A report by the Director of Corporate Operations advised of an application for the erection of 2no. residential units at land north of 2 and 4 Wallace Gate, Stirling.
The application was referred to the Planning and Regulation Panel at the request of Councillor Danny Gibson on the grounds that the site had a long history of planning refusals.
The application was presented at Planning & Regulation Panel on 29 March 2016 and was deferred to a future Panel for a Hearing.
The Officer recommendation was for the Panel to approve the application subject to Conditions set out in the report.
The Principal Planning Officer introduced the report, which provided details of (a) the site; (b) the proposal; (c) previous history; (d) development policy.
The Principal Planning Officer responded to questions from Members relating to the proposed site which included discussion around visual impact of the proposed building and parking availability, which was very limited. He also highlighted that previous applications had been refused due to the design element of the proposed building, however this had been taken on board and the design of the current application had changed and that the issue was the general amenity and proximity of the proposed building.
He confirmed that he had not looked back at the application made in 1989 which was referred to by Riverside Community Council in the planning report but highlighted that if any conditions set at that point had not been met, no further action would have been able to take place by Stirling Council as a local authority. Discussion also took place about the parking on this site which was described as being at a premium. The Principal Planning Officer confirmed that the Roads Authority had no objection to the proposal and had looked at detailed plans.
Agent for Applicant
Farquhar McLean, agent for the Applicant, did not attend the meeting however he provided a short written statement which was circulated to the Panel and confirmed that a planning application to develop the site was refused in October 2015 on the grounds of unsuitable design. A new application was submitted in December 2015 showing revised design proposals which met with the support of the planning officer with a recommendation for approval. The Applicant did not own the site but had an option to purchase if planning consent was granted. The Applicant had no information from the owner of the site as to what would happen with the site if planning permission was refused.
Objector
Isabella Gorska addressed the Members on behalf of Riverside Community Council and highlighted six grounds of objection from the Riverside Community Council which were as follows:-
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The proposed site being a back yard development.
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The application detrimentally affected the character and amenity of the existing residential area.
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The possible loss of daylight, sunlight and privacy.
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Parking availability, as Riverside Community Council were of the opinion that although there were three spaces being allocated, if all were in use, the parking space to the front right could not exit if a car was parked in the third space, as it would block the car in front.
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The back yard development went against the Local Policy Plan and impacted negatively on the design and relationship to the surroundings.
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It had to be questioned if this current application/development had been the original for this site in 1989, would the Council ever had considered giving planning permission for the development with no parking for the seven houses and gardens the approximate size of two car parking spaces for the two flats, which would not comply with planning requirements.
Ms Gorska ended her statement by saying that the proposed development was
contrary to Policy 1.1 of the Stirling Local Development Plan, September 2014, since the application did not contribute in a positive manner to the quality of the surrounding built environment as the design was inappropriate for the site context in terms of appearance, alignment and form.
Ms Gorska responded to questions from Members.
The Panel then proceeded to consider the application.
Decision
The Panel agreed to refuse the application as it did not comply with Primary Policy 1 and Policy 1.1 of the Local Development Plan, no “sense of place” being established.
(Reference: Report by Director of Corporate Operations dated 20 April 2016)..
The Panel resolved that under Section 50A (4) of the Local Government (Scotland) Act 1973, the public be excluded from the Meeting for the following items of business on the grounds that they involved the disclosure of exempt
information as defined in Paragraphs 6, 13 and 3 of Part 1 of Schedule 7A of the
Local Government (Scotland) Act 1973.
PL435 APPLICATION FOR A DISABLED PERSON’S PARKING SPACE
A report by the Director of Housing & Environment advised of an application for a Disabled Person’s Parking Space.
In accordance with the Council Policy the application was initially assessed and an advisory space was marked out on site 5 November 2015.
The Officer recommendations were for the Panel to note the objections received to the application and to approve the Disabled Person’s Parking Space as it met the four criteria specified by Council Policy.
The Parking Team Leader introduced the report and responded to questions from Members.
The Panel then proceeded to consider the application.
Decision
The Panel agreed to approve the application for a Disabled Person’s parking space subject to the Director of Housing & Environment first seeking confirmation in writing from the Applicant to determine whether the Applicant still wished to proceed, following discussion of the conditions regarding use of the Disabled Space as set within Council Policy and in accordance with the Applicant’s Blue Badge.
(Reference: Report by Director of Housing & Environment dated 12 April 2016).
Councillor Neil Benny and Councillor Ian Muirhead left the meeting at this point in the proceedings.
PL436 PRIVATE HIRE DRIVER’S LICENCE
Police Scotland had lodged a complaint in terms of Paragraphs 11 & 12, Schedule 1 of the Civic Government (Scotland) Act 1982 in relation to the Applicant’s suitability as a fit and proper person to hold a Private Hire Driver’s Licence.
At its meeting on 10 November 2015, the Panel granted a Private Hire Driver’s Licence to the Applicant for a trial period of six months and that the matter be brought back to Panel in six months’ time.
The Officer recommendations asked whether the Panel agreed or not to suspend the Applicant’s Private Hire Driver’s Licence and if so, whether to do so with immediate effect under Paragraph 11(10) of the Civic Government (Scotland) Act 1982.
The Panel heard from the Chief Constable’s representative, who set out the
background to the complaint.
The Panel then heard from the Licence Holder and his representative, who presented the case on behalf of the Licence Holder.
The Panel put a number of questions to the Chief Constable’s representative and the Licence Holder’s representative.
The Panel then proceeded to consider the application.
Decision
The Panel agreed:-
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to suspend the individual’s Private Hire Driver’s Licence with immediate effect under Paragraph 11 (10) of the Civic Government (Scotland) Act 1982.
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to suspend the Licence Holder’s Private Hire Driver’s Licence for the unexpired portion of the licence, but with authority delegated to the Director of Corporate Operations to grant the renewal of the licence and cancel the suspension, should he feel that appropriate, in the event that the charges against the individual are dropped.
(Reference: Report by Director of Corporate Operations dated 7 April 2016).
The Chair declared the Meeting closed at 12.40 pm.